AMIT ARVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application has been filed by the applicant-accused for grant of regular bail under sec. 439 of the Code of Criminal Procedure, which is a successive bail application after Criminal Misc. Application No. 11326 of 2010 was withdrawn vide order dated 21.10.2010.

(2.) THE applicant-accused is charged with having committed offences under sections 302, 188, 504, 114 of IPC for which FIR, being C.R. No. I-3/2010, has been registered with Kapodra Police Station.

(3.) LEARNED APP Mr. Jani also referred to the papers and submitted that in fact, as per the statement of witnesses including the eye witnesses, the presence and the role is specifically attributed to the applicant and the FIR report is corroborating the prosecution case inasmuch as the FSL report refers to two knives, one of which stated to have been used by the applicant accused is found with the blood stains matching with that of the deceased. He referred to the P.M. Report and submitted that there are 12 injuries and at this stage it cannot be decided as to who had given which blow on which part as it is a matter of appreciation of evidence at the trial.